Travelling on AP - Marriage & H4 Stamping

W

wtg4gc

Registered Users (C)
Friends,

I have a situation here, please advise me..

I'm on 7th year H1, my visa on my passport expired in February. My GC is in process, I have Advance Parole in hand (140 stucked up in VSC with RFE).

I may have to visit India during July for my marriage. Is there any risk in visiting India on Advance Parole and send spouse to H4 stamping after I return to US on AP?

Do I require to have Visa Stamping on my passport for current H1 to get a H4 for my spouse? Or is H1 approval notice and related docs enough to show during H4 interview?

Any one has similar experiences? please share your stories...

Thanks in Advance

wtg4gc
 
wtg4gc said:
Friends,

I have a situation here, please advise me..

I'm on 7th year H1, my visa on my passport expired in February. My GC is in process, I have Advance Parole in hand (140 stucked up in VSC with RFE).

I may have to visit India during July for my marriage. Is there any risk in visiting India on Advance Parole
----------- India does not need your US Advance parole it is US that need AP or Valid Visa stamp to enter US
and send spouse to H4 stamping after I return to US on AP?
----- read below ,this has been posted by a lawyer:
H-4/L-2 Dependent H-4/L-2 Visa Eligibility After H-1B/L-1 Enters U.S. on Advance Parole

The EB-485 applicants sometimes travel on Advance Parole either because he/she does not have a valid H-1B/L-1 visa in the passport or he/she opts to travel on Advance Parole for other reasons. The question remains whether their H-4 or L-2 family members will be able to travel or apply for the extension of H-4 or L-2 visa. The conventinal rule was that the dependent visa status or visa is valid only if the principal alien's H-1B or L-1 remains valid and probably by entering on an advance parole, the principal alien takes a risk of depriving the family members of the opportunity to apply for H-4 or L-2 visa and entering on H-4 or L-2. This problem can be very serious should the family members are left behind without an advance parole when the H-1B/L-1 alien returns to the U.S. on an advance parole. It appears that there are some areas of confusion considering the current practice and rule of the USCIS that H-1B alien is eligibility for extension of H-1B and work without EAD after they return on an advance parole. However, common sense should dictate the H/L aliens and their families not to leave the country without advance parole if the principal alien has a plan to return on advance parole
Do I require to have Visa Stamping on my passport for current H1 to get a H4 for my spouse?


Or is H1 approval notice and related docs enough to show during H4 interview?
--------------- YES
Any one has similar experiences? please share your stories...
--------------
Thanks in Advance

wtg4gc
Click to expand...
 
Hi Ginnu,

Thank you very much for your input,

I have one more question,

My GC is filed in Nov 2004 in EB3 based on LC substitution - LC priority date is Oct 2001. I'm speculating that it may approve some time in next year. Meanwhile, after my marriage, instead of bringing the spouse on H4, can I file "Follow to Join" petition through consular process so that she can come here directly on Green Card? Is there any risk?

Thanks
wtg4gc
 
wtg4gc said:
Hi Ginnu,

Thank you very much for your input,

I have one more question,

My GC is filed in Nov 2004 in EB3 based on LC substitution - LC priority date is Oct 2001. I'm speculating that it may approve some time in next year.
------ if not approved before June 30 then I-485 will only be touched after October 2005, you need to check the October visa Bulletin if PD is current or not
Meanwhile, after my marriage, instead of bringing the spouse on H4, can I file "Follow to Join" petition through consular process so that she can come here directly on Green Card? Is there any risk?
-------------- I am not able to guide you for "Follow to Join" petition. I think you can file if you get married BEFORE I-485 gets approved and you have marriage certificate that shows the marriage date BEFORE I-485 approval. others may guide you or you need to do the research or talk to your lawyer for your better option. if possible try to get H1 visa stamp so that you enter on H1 and she also gets H4.
** if you enter on AP i think you are on H1 status if you are working with the same employer who filed your latest H1 and you can also get H1 extended if enter on AP and your spouse only needs your H1 approval notice and other papers and she may get H4 visa stamp, if she gets good for you, nothing wrong in trying.
take print out and read more for
H1, AP:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.

Thanks
wtg4gc
Click to expand...
 
AP used and I140 denied and H4 visa stampin in Mumbai

Ginnu,

My was used AP to enter US in 2004 ... In Sept 2004 my I140 got denied and my 485 was denied also. Now my wife is in Mumbai and going for stamping. Will she face any issues at Mumbai consulate.

When she was entering US from Detroit in 2004 her old visa was stamped as "Cancelled - Application Withdrawn". Will she have trouble either at the consulate or at the POE?

Thanks
 
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